The New York Times reported that a company called Securus is offering a service to law enforcement allowing them to track real-time locations of cell phones. The report claims that Securus is offering this service without going through the due process of law, allowing law enforcement to sidestep the proper legal process and track suspected criminals. This is done using a location API, the type of which is typically used to advertise to cell phone users based on location.
Securus
Securus, when confronted on the legality and procedures of this service, had this to say: “The responsibility of ensuring the legal adequacy…lies with our law enforcement customers and their counsel.” This shirking of legal responsibility is not only incredibly flippant and ill-advised, but also incorrect. A senator from Oregon named Ron Wyden has stated that these claims are going to be investigated, and further pushed for the FCC and AT&T to give detailed answers to the questions of how this will be dealt with.
Regarding the process for accessing the Securus service, Wyden wrote: “To access this private data, correctional officers simply visit Securus’ Web portal, enter any US wireless phone number, and then upload a document purporting to be an official document giving permission to obtain real-time location data.” This is certainly an unprecedented use of such technology, and one that many would find to be both invasive and frightening.
Sidestepping Legal Process?
Up to this point, law enforcement agencies have had to rely on records from phone companies to view location data, and that data is only acquired by having a warrant granted by a judge. By providing this same service to law enforcement in just a few clicks, Securus is directly sidestepping the entire legal process associated with location tracking. This story is only just beginning, as there are likely cases going before the courts to address the questions of the legality of this practice.
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